Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 317D

  (1)   For the purposes of this Part, electronic service means:

  (a)   a service that allows end - users to access material using a carriage service; or

  (b)   a service that delivers material to persons having equipment appropriate for receiving that material, where the delivery of the service is by means of a carriage service;

but does not include:

  (c)   a broadcasting service; or

  (d)   a datacasting service (within the meaning of the Broadcasting Services Act 1992 ).

  (2)   For the purposes of subsection   (1), service includes a website.

  (3)   For the purposes of this Part, a person does not provide an electronic service merely because the person supplies a carriage service that enables material to be accessed or delivered.

  (4)   For the purposes of this Part, a person does not provide an electronic service merely because the person provides a billing service, or a fee collection service, in relation to an electronic service.

  (5)   A reference in this section to the use of a thing is a reference to the use of the thing either:

  (a)   in isolation; or

  (b)   in conjunction with one or more other things.